Service Terms of Use

Last updated: December 25, 2023

Welcome to LabEx, accessible via www.labex.io and our mobile application. LabEx, including all the interactive labs, tutorials, and related materials provided therein (collectively, the “Service”), is operated by LabEx (“LabEx”, “we”, “us”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms of Use (“Terms”). We kindly urge you to read these Terms attentively and thoroughly.

By accessing or using the Service, you agree to be legally bound by these Terms. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE NOT AUTHORIZED TO USE THE SERVICE IN ANY MANNER. If you are using the Service on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms.

LabEx reserves the right to modify these Terms at any time. We will always post the most current version on our website. By continuing to use the Service after we post any such changes, you accept the Terms as modified.

Your use of LabEx signifies your understanding and agreement that we provide educational content and tools designed for skill enhancement and professional growth. While we strive to offer high-quality and accurate content, your reliance on any information provided by the Service is solely at your own risk.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

• Account means a unique account created for You to access our Service or parts of our Service.
• AI Assistant Labby: An AI-powered tool provided as part of the Service, designed to assist users by offering guidance, answering queries, and facilitating the learning process within LabEx.
• Virtual Machine (VM): A software emulation of a physical computer that runs an operating system and applications, providing a virtualized environment for users to perform and practice their lab exercises as part of the Service.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Chengdu Hangnolaibai Technology Co., Ltd., 6th floor W6, Global Center, No. 1700, Tianfu Road North, High-tech Zone, Chengdu.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: China
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to LabEx, accessible from https://labex.io .
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent that you are over the age of 13. The Company does not permit those under 13 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

LabEx Content

LabEx hereby grants you a non-transferable, royalty-free license, excluding the right to sublicense, for accessing and utilizing LabEx content (“Content”) acquired through our Services. This Content is the property of LabEx, our contributors, third-party sources, or open-source communities.

Unless specifically stated otherwise by an accompanying separate license, your rights to use the Content are limited to personal and noncommercial purposes. Under this license, you are prohibited from:

• Reproducing, modifying, translating, or creating derivative works from the Content.
• Selling, sharing, renting, leasing, lending, distributing, or otherwise transferring the Content.
• Bypassing security measures or accessing Content not covered by your payment.
• Allowing or encouraging any third party to engage in any activities prohibited under this license.

In instances where downloading of Content is permitted by LabEx, you are entitled to download a single copy solely for your personal and noncommercial use. This copy must not be shared with third parties.

The Content may originate from various sources including third parties, open-source communities, or be generated by artificial intelligence. Although LabEx is dedicated to providing high-quality Content, we do not guarantee its accuracy or completeness. Any reliance on or use of the Content is entirely at your own risk.

LabEx is not liable for inaccuracies or errors in responses provided by AI Assistant Labby or in AI-generated content within the Service.

In cases where Content is governed by a separate license, the terms of that specific license will take precedence over these terms. It is your responsibility to adhere to any such additional license terms accompanying the Content.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Subscription

When you purchase a subscription to access LabEx content (“Subscription”), it will be billed automatically in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly or annual, based on the subscription plan you select.

To process the payment for your Subscription, a valid payment method, such as a credit card or PayPal, is required. By providing your payment information, you authorize LabEx to charge all Subscription fees incurred through your account to your provided payment methods.

Your Subscription will automatically renew at the end of each Billing Cycle and continue until canceled by you or by us. To avoid future charges, you must cancel your Subscription at least 24 hours before the end of the current Billing Cycle. Cancellation can be done through your online account management page or by contacting LabEx customer support.

Fees

Subscription fees are as listed on the Service. LabEx reserves the right to modify these fees at any time. Changes in Subscription fees will take effect at the end of your current Billing Cycle.

LabEx will provide advance notice of any change in Subscription fees, allowing you the opportunity to cancel your Subscription before the change takes effect. Continued use of the Service after a fee change implies your consent to the new Subscription fee.

Payments

To purchase a Subscription, you must provide payment information to our third-party payment processor, including your name, credit card number, its expiration date, and your billing address. This information will only be used for processing your purchase.

By making a purchase, you confirm that: (i) you are legally authorized to use the chosen payment method; and (ii) the information you provide is accurate.

We reserve the right to refuse or cancel orders for reasons such as product or service availability, errors in descriptions or prices, or for suspected fraud or unauthorized transactions.

If automatic billing fails, LabEx will send an electronic invoice requiring manual payment within a specified deadline for the billing period indicated on the invoice.

Free Trial

LabEx may offer a Free Trial for a limited period. Billing information may be required to sign up for the Free Trial. You will not be charged until the Free Trial expires, at which point you will be automatically billed the applicable Subscription fees, and the subscription will continue until canceled. Cancel at least 24 hours before the renewal to avoid charges.

LabEx reserves the right to modify or cancel the Free Trial terms without notice.

Refunds

Refund requests for unlimited access Subscriptions canceled within a reasonable time after purchase may be considered at LabEx's discretion. We reserve the right to reject refund requests for reasons including suspected abuse or fraudulent behavior.

Upon cancellation, all rights to any downloaded or cached Content are revoked, and you must delete all copies of such Content.

User Conduct and Responsibilities

Your use of the LabEx Service is governed by applicable local, state, national, and international laws and regulations. Responsibility for the content you post on or through the Service, including its legality, reliability, and appropriateness, lies with you. You agree not to use the Service to create, share, or transmit any content, or promote any product or service that:

1. Violates any law, or encourages criminal offenses.
2. Infringes upon any party's rights, including privacy and publicity rights.
3. Is obscene, violent, or otherwise objectionable.
4. Harasses or discriminates based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
5. Exploits or harms children in any way.
6. Is false, misleading, or infringes intellectual property rights.
7. Constitutes unauthorized or unsolicited advertising or solicitation.
8. Contains private information of third parties without consent.
9. Introduces harmful computer code or disrupts computer systems and networks.
10. Is prohibited by any law or breaches any contractual or fiduciary relationships.
11. Is deemed by LabEx, in its sole judgment, to be objectionable or harmful.

Additionally, the use of our AI Assistant Labby and AI-generated content in LabEx is provided for educational purposes only.

Users are prohibited from using the Virtual Machine environments for cryptocurrency mining or engaging in or encouraging illegal activities. Misuse of the platform, including attacking it or using resources beyond what is needed for educational purposes, is strictly forbidden.

LabEx does not have control over and is not responsible for user-contributed content or behavior on the Service. We do not endorse any user-generated content and disclaim any responsibility for offensive, inappropriate, or objectionable content or behavior distributed through the Service. LabEx is not liable for the conduct, whether online or offline, of any user of the Service.

Your adherence to these guidelines ensures a safe, legal, and respectful environment for all users. Violation of these terms may result in suspension or termination of your access to the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email ([email protected]) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email ([email protected]). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Affiliate Program

LabEx has an affiliate program that enables third parties to earn fees for referring users to the Service from their websites. Please see our LabEx Affiliate Program.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LABEX BE LIABLE TO YOU ON ACCOUNT OF (i) ANY CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LABEX OR ITS AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF LABEX OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE LICENSE FEES PAID BY YOU TO LABEX, WHICHEVER IS LOWER. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply.

Disclaimer

The Service may be temporarily unavailable from time to time for maintenance or other reasons. LabEx assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.

Under no circumstances will LabEx be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the Service, any Content or Third-Party Sites linked to or posted on or through the Service, or any interactions between users of the Service, whether online or offline.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. LABEX DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LABEX MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, AUTHOR CONTENT, THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. LABEX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR SERVICE WILL MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE OR YOUR AUTHOR CONTENT.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms of Use, You can contact us by email: [email protected].